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be charged as early as today. investigators have not read him his miranda rights unwhat they call the public safety exception clause. so they may use any information he reveals as evidence in court. let's bring in christopher tritico, he defended the oklahoma city bomber, timothy mcveigh. christopher, thanks very much for coming in. he is a u.s. citizen. he was -- he received his naturalized citizenship last september 11th, of all dates. he's obviously in a hospital. crime was committed in the united states. if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is goin
analyst. the 19-year-old has not been read his miranda rights. why does this matter what has it allowed for? what is the issue here? >> a lot of variables here, the question is he in any kwan condition to answer questions with or without miranda? what is his health situation? also, even if he doesn't get miranda warnings, he may decline to answer questions in any case. they can't force him to answer questions, but if he does not receive miranda warnings and if he then anticipates questions those answers cannot be used in a criminal case against him. they can be used for intelligence gathering. they can be used if there are other conspirators who may be prosecuted, can't be used against him. other evidence can be used against him. may be lots of other evidence. if you don't get miranda warnings, your statements i can't be used against you. >> so this is a sensitive issue. another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status.
be charged as early as today. investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there c
of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states, the plot said to have an alleged connect
the question this is exactly the whole issue going back to the miranda, if he had the public safety concern of what were those explosive devices intended for? that's one of the reasons they wanted to talk to him or one of the things thaw wanted to talk to him about at the time before they realized how severely hurt he was. it absolutely proves the point there could have more more attacks planned or another person who was a part of it who maybe at the last minute didn't do it. another reason to think there was more planned is maybe that's why they didn't kill themselves at the time of the marathon attack. they wanted to live to attack another day. >> jeff, somebody must have trained them. can you learn to build a bomb by yourself just by going to the internet and going out there, go to a home depot and buying this kind of stuff? >> you could try to learn, but what you would certainly want to do is rehearse. you don't want to go through the operational energy that it would take to mount an attack like at the marathon without having a fair degree of confidence that your device is going to work
Search Results 0 to 4 of about 5